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IN RE ROSE

BAP No. 12-6046.

483 B.R. 540 (2012)

In re Mark M. ROSE, Debtor. Bank of Nebraska, Plaintiff-Appellee v. Mark M. Rose, Defendant-Appellant Thomas D. Stalnaker, Defendant. Mark M. Rose, Counter Claimant-Appellant Thomas D. Stalnaker, Counter Claimant v. Bank of Nebraska, Counter Defendant-Appellee.

United States Bankruptcy Appellate Panel of the Eighth Circuit.

Decided: December 20, 2012.

Rehearing Denied January 9, 2013.

Attorney(s) appearing for the Case

W. Patrick Betterman , argued, Omaha, NE, for appellant.

Craig A. Knickrehm , argued, Omaha, NE, for appellee.

Before KRESSEL, Chief Judge, SCHERMER and NAIL, Bankruptcy Judges.

NAIL, Bankruptcy Judge.

Mark M. Rose ("Debtor") appeals the June 11, 2012 judgment of the bankruptcy court1 determining the debt he owed to Bank of Nebraska ("Bank") was excepted from discharge under 11 U.S.C. § 523(a)(2)(B) and denying any recovery on Debtor's counterclaim. We affirm.

BACKGROUND

Over a three-year period beginning in 2003, Debtor borrowed money from Bank and pledged various items as collateral. Debtor...

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